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2007-07411/14/2007 • ORDINANCE NO. 2007 — 74 AN ORDINANCE REAUTHORIZING THE SPECIAL USE FOR A CHILD DAY CARE HOME R -9 PLANNED UNIT DEVELOPMENT (PUD), VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Iwona Rutkowski dba Little Stars Home Day Care 621 Harris Drive WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property ( "Property") hereinafter legally described is zoned R -9 Planned Unit Development, and is occupied by a single— family detached residence commonly known as 621 Harris Drive; and, WHEREAS, Iwona Rutkowski and Waldemar Rutkowski are the owners of the Property; and, WHEREAS, the Village approved Ordinance No. 2005 -74 granting a special use to operate a child day care home at the Property for a period of two years ending on November 21, 2007; and, WHEREAS, Iwona Rutkowski ("Petitioner") has petitioned to the Village for reauthorization of the special use approved by Ordinance No. 2005 -74 to continue operating the child cay care home at the Property; and, WHEREAS, the Village has reviewed the request for reauthorization of the special use pursuant to Section 17.28.060.C. of the Village Zoning Ordinance, including notification of adjacent property owners and inspection of the Property; and, WHEREAS, Village staff reviewed pertinent information concerning the child day care home, and based on the petitioner's record of compliance with applicable regulations and the fact that no adjacent property owners have filed complaints or objections to the child day care operation, staff has filed a report to the Village Board recommending reauthorization of the special use for another two -year period; and, 2 WHEREAS, the President and Board of Trustees after due and careful consideration have determined that based on the report and recommendation by Village staff, the child day care home on the Property is operating in compliance with applicable Village regulations and is not creating nuisances or other impacts on adjacent properties. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance ordinance reauthorizing the special use for the child day care home for the following legally described property: Lot 74, The Commons of Buffalo Grove, Unit 2, being a subdivision of part of the east '/2 of the northeast i/4 of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois, commonly known as 621 Harris Drive, Buffalo Grove, Illinois. Section 3. The special use is subject to the following conditions: A. Compliance with the standards set forth in Section 17.12.141 and Section 17.28.060.B.5 of the Village Zoning Ordinance. B. The special use shall be in effect for a period of two (2) years from the date of this Ordinance. The Petitioner is required to apply to the Village for re- authorization of the special use pursuant to Section 17.28.060.0 of the Village Zoning Ordinance. C. The special use shall be automatically revoked if the license issued by the Illinois Department of Children and Family Services (DCFS) is revoked, and the special use shall be automatically suspended if the license issued by DCFS is suspended. D. The Petitioner shall continue to renew her Village business license in compliance with Village standards and procedures. E. The special use does not authorize any use in violation of any covenants running with the Property. 3 F. No person who has been convicted of a felony or misdemeanor involving violence against a person shall be permitted to reside in the day care home at any time, on a temporary or permanent basis, or otherwise be allowed to be present in the day care home at any time when children are present. The petitioner must agree to permit the Village of Buffalo Grove to conduct, or cause to be conducted, a criminal background check of every person residing in the day care home. G. Petitioner shall maintain the Property in full compliance with Village property maintenance standards at all times, as determined by the Village in its sole discretion. H. This special use is-granted to Iwona Rutkowski as an individual. Said special use does not run with the Property and is not granted to any business entity. Said special use is not transferable to another person or entity, and may not be used by any other person or entity. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval, subject to the Petitioner's execution of the Acceptance and Agreement attached hereto as Exhibit A, incorporated herein and made a part hereof, and the filing of said executed Acceptance and Agreement form with the Village. This Ordinance shall not be codified. AYES: 5 - Braiman, Glover, Berman, Kahn, Trilling NAYS: 0 - None ABSENT: 1 - Rubin PASSED: November 19, 2007 APPROVED: November 19, 2007 ATTEST: APPROVED: Village Clerk ELLI JTT HARTSTEIN, Village President 4 EXHIBIT A 0 Petitioner acceptance and agreement concerning the special use for the child day care home at 621 Harris Drive, zoned R -9 Planned Unit Development Iwona Rutkowski does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance. No. 2007 -74 duly passed and approved by the Village of Buffalo Grove, Illinois reauthorizing the special use for the child day care home at 621 Harris Drive. The undersigned acknowledges that she has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2007 -74, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Iwona Rutkowski dba Little Stars Home Day Care 621 Harris Drive Buffalo Grove, IL 60089 STATE OF ILLINOIS) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on November 19, 2007, the Corporate Authorities of the Village passed and approved Ordinance No. 2007 -74 entitled: AN ORDINANCE AMENDING CHAPTER 12.04, CONSTRUCTION AND USE OF PUBLIC WAYS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. 2007 -74, including the Ordinance and a sheet thereof, was prepared, and a copy of such Ordinance was posted in and at the Village Hall commencing on November 20, 2007 and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 20th day of November, 2007. Villa Clerk By 11/14/2007 ORDINANCE NO. 2007 — 7 4 AN ORDINANCE REAUTHORIZING THE SPECIAL USE FOR A CHILD DAY CARE HOME R -9 PLANNED UNIT DEVELOPMENT (PUD), VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Iwona Rutkowski dba Little Stars Home Day Care 621 Harris Drive WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property ( "Property") hereinafter legally described is zoned R -9 Planned Unit Development, and is occupied by a single — family detached residence commonly known as 621 Harris Drive; and, WHEREAS, Iwona Rutkowski and Waldemar Rutkowski are the owners of the Property; and, WHEREAS, the Village approved Ordinance No. 2005 -74 granting a special use to operate a child day care home at the Property for a period of two years ending on November 21, 2007; and, WHEREAS, Iwona Rutkowski ( "Petitioner ") has petitioned to the Village for reauthorization of the special use approved by Ordinance No. 2005 -74 to continue operating the child cay care home at the Property; and, WHEREAS, the Village has reviewed the request for reauthorization of the special use pursuant to Section 17.28.060.C. of the Village Zoning Ordinance, including notification of adjacent property owners and inspection of the Property; and, WHEREAS, Village staff reviewed pertinent information concerning the child day care home, and based on the petitioner's record of compliance with applicable regulations and the fact that no adjacent property owners have filed complaints or objections to the child day care operation, staff has filed a report to the Village Board recommending reauthorization of the special use for another two -year period; and, WHEREAS, the President and Board of Trustees after due and careful consideration have determined that based on the report and recommendation by Village staff, the child day care home on the Property is operating in compliance with applicable Village regulations and is not creating nuisances or other impacts on adjacent properties. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance ordinance reauthorizing the special use for the child day care home for the following legally described property: Lot 74, The Commons of Buffalo Grove, Unit 2, being a subdivision of part of the east % of the northeast '/4 of Section 33, Township 43 North, Range 11 East of the Third Principal Meridian, in Lake County, Illinois, commonly known as 621 Harris Drive, Buffalo Grove, Illinois. Section 3. The special use is subject to the following conditions: A. Compliance with the standards set forth in Section 17.12.141 and Section 17.28.060.B.5 of the Village Zoning Ordinance.. B. The special use shall be in effect for a period of two (2) years from the date of this Ordinance. The Petitioner is required to apply to the Village for re- authorization of the special use pursuant to Section 17.28.060.0 of the Village Zoning Ordinance. C. The special use shall be automatically revoked if the license issued by the Illinois Department of Children and Family Services (DCFS) is revoked, and the special use shall be automatically suspended if the license issued by DCFS is suspended. D. The Petitioner shall continue to renew her Village business license in compliance with Village standards and procedures. E. The special use does not authorize any use in violation of any covenants running with the Property. F. No person who has been convicted of a felony or misdemeanor involving violence against a person shall be permitted to reside in the day care home at any time, on a temporary or permanent basis, or otherwise be allowed to be present in the day care home at any time when children are present. The petitioner must agree to permit the Village of Buffalo Grove to conduct, or cause to be conducted, a criminal background check of every person residing in the day care home. G. Petitioner shall maintain the Property in full compliance with Village property maintenance standards at all times, as determined by the Village in its sole discretion. H. This special use is-granted to Iwona Rutkowski as an individual. Said special use does not run with the Property and is not granted to any business entity. Said special use is not transferable to another person or entity, and may not be used by any other person or entity. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval, subject to the Petitioner's execution of the Acceptance and Agreement attached hereto as Exhibit A, incorporated herein and made a part hereof, and the filing of said executed Acceptance and Agreement form with the Village. This Ordinance shall not be codified. AYES: 5 - Braiman, Glover, Berman, Kahn, Trilling NAYS: 0 - None ABSENT: 1 - Rubin PASSED: November 19, 2007 APPROVED: November 19, 2007 ATTEST: Village Clerk APPROVED: ELLI TT HARTSTEIN, Village President 4 EXHIBIT A Petitioner acceptance and agreement concerning the special use for the child day care home at 621 Harris Drive, zoned R -9 Planned Unit Development Iwona Rutkowski does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in Ordinance No. 2007 -74 duly passed and approved by the Village of Buffalo Grove, Illinois reauthorizing the special use for the child day care home at 621 Harris Drive. The undersigned acknowledges that she has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2007 -74, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. a A02, c SA, Iwona Rutkowski dba Little Stars Home Day Care 621 Harris Drive Buffalo Grove, IL 60089